Barnes v. AT&T Pension Benefit Plan-NonBargained Program

Filing 347

STIPULATION AND ORDER re 346 ORDER REGARDING ISSUANCE OF CLASS NOTICE RE PARTIAL DISMISSAL OF CLAIMS filed by Quiller Barnes. Signed by Judge Edward M. Chen on 2/19/13. (bpfS, COURT STAFF) (Filed on 2/19/2013)

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COHEN MILSTEIN SELLERS & TOLL PLLC
R. Joseph Barton (CA State Bar No. 212340)
Email: [e-mail]
Bruce F. Rinaldi (CA State Bar No. 55133)
Email: [e-mail]
1100 New York Avenue, N.W.
WestTower, STE 500
Washington, DC20005
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff & the Class
QUILLER BARNES

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PAUL HASTINGS LLP
Patrick W. Shea (NY State Bar No. 4587176), Pro Hac Vice
Email: [e-mail]
75 East 55th Street
New York, NY10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM
[Additional counsel listed on next page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QUILLER BARNES,
Plaintiff,

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vs.
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM,

CASE NO. 08-04058 EMC
SECOND JOINT STATEMENT,
STIPULATION AND [PROPOSED]
ORDER REGARDING ISSUANCE OF
CLASS NOTICE RE PARTIAL
DISMISSAL OF CLAIMS

Defendant.

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Case No. 08-04058 EMC

1694364.1 1

2ND JOINT STATEMENT, STIP. &
[PROPOSED] ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

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SPRINGER-SULLIVAN & ROBERTS LLP
Michelle L. Roberts (CA State Bar No. 239092)
Email: [e-mail]
410 – 12thStreet, Suite 325
Oakland, CA94607
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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QUILLER BARNES

PAUL HASTINGS LLP
Stephen H. Harris (CA State Bar No. 184608)
Email: [e-mail]
M’Alyssa C. Mecenas (CA State Bar No. 272075)
Email: [e-mail]
515 South Flower Street, 25th Floor
Los Angeles, CA90071
Telephone: [phone]
Facsimile: [phone]

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PAUL HASTINGS LLP
Regan A.W. Herald (CA State Bar No. 251879)
875 15th Street, N.W.
Washington, DC20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

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Case No. 08-04058 EMC

-11694364.1 1

2ND JOINT STATEMENT, STIP. &
[PROPOSED] ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

Plaintiff Quiller Barnes and Defendant AT&T Pension Benefit Plan – Nonbargained

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Program (collectively referred to as the “Parties”), acting through their respective counsel of record,

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hereby stipulate as follows:

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WHEREAS, the Court issued the Order Granting in Part and Denying in Part Plaintiff’s

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Motion re Dismissal of Counts III and IV; Class Notice; and Modification of the Court’s Summary

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Judgment Order which directed the Parties to issue notice to the Class in the form attached as an

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exhibit to the Parties’ joint letter of December 19, 2012 (D.E. # 337), to file a statement with the

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Court indicating whether the Parties have received any notice from a Class Member seeking to

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intervene on the fifth day after the last day to intervene, and if no evidence of record indicating that

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intervention is desired, a joint request for an entry of final judgment;
WHEREAS, on January 7, 2013, Class Counsel issued the notice to Class Members as set

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forth in the Joint Statement, Stipulation and [Proposed] Order Regarding Issuance of Class Notice

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Re Partial Dismissal of Claims (D.E. #341), which the Court signed into order on January 14, 2013

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(D.E. #343);

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WHEREAS, on January 11, 2013, Plaintiff filed the Declaration of John W. Fust, IV, wherein

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he declared that as of the date of his declaration, none of the mailings of the Class Notice were

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returned as non-deliverable;

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WHEREAS, based on the Class Notice mailing date of January 7, 2013, the deadline for
Class Members to intervene is February 21, 2013;
WHEREAS, on February 11, 2013, Class Counsel received notice that the Class Notice was
returned as non-deliverable for two Class Members, Lester K. McClain and Robert Wiraatmadja;
WHEREAS, Class Counsel obtained updated addresses for those two Class Members and
confirmed those addresses with Defendant;
WHEREAS, the Parties believe that the Class Notice should be re-issued to these two Class
Members and that they should be provided with 45 days from the date of the mailing to intervene;
WHEREAS, the Parties propose mailing the Class Notice to these two Class Members with a

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cover letter informing them that because Class Counsel had to re-issue the Class Notice, their

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Case No. 08-04058 EMC

-21694364.1 1

2ND JOINT STATEMENT, STIP. &
[PROPOSED] ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

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intervention date has been extended until the date that is 45 days from the mailing of the Class

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Notice;

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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(1) Class Counsel shall re-issue the Class Notice to Lester K. McClain and Robert

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Wiraatmadja, the two Class Members whose notices were returned as non-deliverable,

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with a cover letter informing them of the date of mailing and their deadline to intervene.

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(2) Class Members Lester K. McClain and Robert Wiraatmadja shall have 45 days from the
mailing of the re-issued Class Notice to intervene;

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(3) Class Counsel will file a declaration that the Notice has been re-issued to Class Members

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Lester K. McClain and Robert Wiraatmadja and the date on which the notice was re-

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issued.

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(4) On or about the fifth court day after Lester McClain and Robert Wiraatmadja’s last day to

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intervene, the Parties shall file a statement with the Court indicating whether the Parties

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have received any notice from a Class Member seeking to intervene, and if no evidence of

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record indicating that intervention is desired, that final judgment may be entered.

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IT IS SO STIPULATED.
DATED: February 15, 2013

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Attorneys for Plaintiff
Quiller Barnes

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/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

By:

DATED: February 15, 2013

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/s/ Stephen H. Harris
STEPHEN H. HARRIS

By:

Attorneys for Defendant
AT&T Pension Benefit Plan - NonBargained Program

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SIGNATURE ATTESTATION
I, Michelle L. Roberts, hereby attest that concurrence in the filing of the document has been

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obtained from the other signatory on this document.

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Case No. 08-04058 EMC

-31694364.1 1

2ND JOINT STATEMENT, STIP. &
[PROPOSED] ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

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DATED: February 15, 2013

/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

By:

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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(1) Class Counsel shall re-issue the Class Notice to Lester K. McClain and Robert

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Wiraatmadja, the two Class Members whose notices were returned as non-deliverable,

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with a cover letter informing them of the date of mailing and their deadline to intervene.

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(2) Class Members Lester K. McClain and Robert Wiraatmadja shall have 45 days from the
mailing of the re-issued Class Notice to intervene;

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(3) Class Counsel will file a declaration that the Notice has been re-issued to Class Members

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Lester K. McClain and Robert Wiraatmadja and the date on which the notice was re-

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issued.

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(4) On or about the fifth court day after Lester McClain and Robert Wiraatmadja’s last day to

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intervene, the Parties shall file a statement with the Court indicating whether the Parties

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have received any notice from a Class Member seeking to intervene, and if no evidence of

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record indicating that intervention is desired, that final judgment may be entered.

S

2/19/13
Dated: __________________

dward
Judge E

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O OR

IT IS S

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A

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n

M. Che

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R NIA

United States District Court Judge
Honorable Edward M. DERED
Chen

UNIT
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__________________________

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N

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Case No. 08-04058 EMC

-41694364.1 1

2ND JOINT STATEMENT, STIP. &
[PROPOSED] ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS